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RS 0.822.720.5 Convention no 105 concerning the abolition of forced labour

Original Language Title: RS 0.822.720.5 Convention no 105 concernant l’abolition du travail forcé

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0.822.720.5

Original text

Convention n O 105 concerning the abolition of forced labour

Adopted at Geneva on 25 June 1957

Approved by the Federal Assembly on 18 June 1958 1

Instrument of ratification deposited by Switzerland on 18 July 1958

Entry into force for Switzerland on 18 July 1959

(State on 21 March 2013)

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, meeting on 5 June 1957 at its fortieth session;

Having considered the issue of forced labour, which is the fourth item on the agenda of the session;

After taking note of the provisions of the Convention on Forced Labour, 1930 2 ;

After noting that the 1926 convention 3 On slavery provides that useful measures must be taken to ensure that forced or compulsory labour does not result in conditions similar to slavery and that the 1956 Supplementary Convention 4 On the abolition of slavery, the slave trade and slavery-like institutions and practices is intended to achieve the complete abolition of debt bondage and servitude;

After noting that the Wage Protection Convention, 1949, states that wages will be paid at regular intervals and prohibits payment methods which deprive the worker of any real possibility of leaving his employment;

After deciding to adopt other proposals relating to the abolition of certain forms of forced or compulsory labour constituting a violation of human rights as covered by the Charter of the United Nations 5 And statements in the Universal Declaration of Human Rights;

After deciding that these proposals would take the form of an international convention,

Adopts, On this twenty-fifth day of June m nine hundred and fifty-seven the following convention, which will be called the Convention on the Abolition of Forced Labour, 1957.

Art. 1

Any Member of the International Labour Organization which ratifies this Convention undertakes to abolish forced or compulsory labour and to refrain from using it in any form:

A.
As a measure of coercion or political education or as a sanction against persons who have or express certain political opinions or express their ideological opposition to the established political, social or economic order;
B.
As a method of mobilizing and using labour for economic development purposes;
C.
As a measure of work discipline;
D.
As a punishment for taking part in strikes;
E.
As a measure of racial, social, national or religious discrimination.
Art. 2

Any Member of the International Labour Organization ratifying this Convention undertakes to take effective measures for the immediate and complete abolition of forced or compulsory labour as described in Article 1 of the Convention. Convention.

Art. 3

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 4

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Art. 5

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 6

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 7

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with Article 102 of the Charter of the United Nations, complete information about all Ratifications and all acts of denunciation which it has registered in accordance with the preceding Articles.

Art. 8

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art.

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

A.
Ratification by a Member of the new revision agreement would, notwithstanding section 5 above, be subject to the immediate termination of this Agreement, provided that the new revision agreement is entered into In force;
B.
From the date of entry into force of the new Convention for revision, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the Convention for revision.

Art. 10

The English and French versions of the text of this Agreement are equally authentic.

Scope of application on 21 March 2013 6

States Parties

Ratification

Statement of Succession (S)

Entry into force

Afghanistan

May 16

1963

May 16

1964

South Africa

March 5

1997

March 5

1998

Albania

February 27

1997

February 27

1998

Algeria

12 June

1969

12 June

1970

Germany

22 June

1959

22 June

1960

Angola

4 June

1976 S

4 June

1976

Antigua and Barbuda

2 February

1983 S

2 February

1983

Saudi Arabia

15 June

1978

15 June

1979

Argentina

January 18

1960

January 18

1961

Armenia

17 December

2004

17 December

2005

Australia

7 June

1960

7 June

1961

Norfolk Island

5 October

1961

5 October

1961

Austria

March 5

1958

March 5

1959

Azerbaijan

August 9

2000

August 9

2001

Bahamas

25 May

1976 S

25 May

1976

Bahrain

July 14

1998

July 14

1999

Bangladesh

22 June

1972 S

22 June

1972

Barbados

8 May

1967 S

8 May

1967

Belarus

September 25

1995

September 25

1996

Belgium

23 January

1961

23 January

1962

Belize

15 December

1983 S

15 December

1983

Benin

22 May

1961

22 May

1962

Bolivia

11 June

1990

11 June

1991

Bosnia and Herzegovina

15 November

2000

15 November

2001

Botswana

5 June

1997

5 June

1998

Brazil

18 June

1965

18 June

1966

Bulgaria

23 March

1999

23 March

2000

Burkina Faso

August 25

1997

August 25

1998

Burundi

March 11

1963 S

March 11

1963

Cambodia

August 23

1999

August 23

2000

Cameroon

3 September

1962 S

3 September

1962

Canada

July 14

1959

July 14

1960

Cape Verde

3 April

1979 S

3 April

1979

Chile

1 Er February

1999

1 Er February

2000

China

Hong Kong A

6 June

1997

1 Er July

1997

Macao B C

20 December

1999

20 December

1999

Cyprus

23 September

1960 S

23 September

1960

Colombia

7 June

1963

7 June

1964

Comoros

23 October

1978 S

23 October

1978

Congo (Brazzaville)

26 November

1999

26 November

2000

Congo, Kinshasa

20 June

2001

20 June

2002

Costa Rica

4 May

1959

4 May

1960

Côte d' Ivoire

5 May

1961

5 May

1962

Croatia

March 5

1997

March 5

1998

Cuba

2 June

1958

2 June

1959

Denmark

17 January

1958

17 January

1959

Faroe Islands

17 January

1958

17 January

1959

Greenland

17 January

1958

17 January

1959

Djibouti

August 3

1978 S

August 3

1978

Dominica

28 February

1983 S

28 February

1983

Egypt

23 October

1958

23 October

1959

El Salvador

18 November

1958

18 November

1959

United Arab Emirates

24 February

1997

24 February

1998

Ecuador

5 February

1962

5 February

1963

Eritrea

22 February

2000

22 February

2001

Spain

6 November

1967

6 November

1968

Estonia

7 February

1996

7 February

1997

United States *

September 25

1991

September 25

1992

Ethiopia

24 March

1999

24 March

2000

Fiji

19 April

1974 S

19 April

1974

Finland

27 May

1960

27 May

1961

France *

18 December

1969

18 December

1970

Guadeloupe

27 November

1974

27 November

1974

Guyana (French)

27 November

1974

27 November

1974

Martinique

27 November

1974

27 November

1974

New Caledonia

27 November

1974

27 November

1974

French Polynesia

27 November

1974

27 November

1974

Meeting

27 November

1974

27 November

1974

Saint Pierre and Miquelon

27 November

1974

27 November

1974

Gabon

29 May

1961

29 May

1962

Gambia

4 September

2000

4 September

2001

Georgia

23 September

1996

23 September

1997

Ghana

15 December

1958

15 December

1959

Greece

30 March

1962

30 March

1963

Grenada

July 9

1979 S

July 9

1979

Guatemala

9 December

1959

9 December

1960

Guinea

July 11

1961

July 11

1962

Equatorial Guinea

13 August

2001

13 August

2002

Guinea-Bissau

21 February

1977 S

21 February

1977

Guyana

8 June

1966 S

8 June

1966

Haiti

March 4

1958

March 4

1959

Honduras

August 4

1958

August 4

1959

Hungary

4 January

1994

4 January

1995

India

18 May

2000

18 May

2001

Indonesia

7 June

1999

7 June

2000

Iran

13 April

1959

13 April

1960

Iraq

15 June

1959

15 June

1960

Ireland

11 June

1958

11 June

1959

Iceland

29 November

1960

29 November

1961

Israel

10 April

1958

10 April

1959

Italy

15 March

1968

15 March

1969

Jamaica

26 December

1962 S

26 December

1962

Jordan

March 31

1958

March 31

1959

Kazakhstan

18 May

2001

18 May

2002

Kenya

13 January

1964 S

13 January

1964

Kyrgyzstan

18 February

1999

18 February

2000

Kiribati

3 February

2000 S

3 February

2000

Kuwait

21 September

1961

21 September

1962

Lesotho

14 June

2001

14 June

2002

Latvia

27 January

1992

27 January

1993

Lebanon

1 Er June

1977

1 Er June

1978

Liberia

25 May

1962

25 May

1963

Libya

13 June

1961

13 June

1962

Lithuania

26 September

1994

26 September

1995

Luxembourg

24 July

1964

24 July

1965

Macedonia

July 15

2003

July 15

2004

Madagascar

6 June

2007

6 June

2008

Malawi

19 November

1999

19 November

2000

Maldives

4 January

2013

4 January

2014

Mali

28 May

1962

28 May

1963

Malta

4 January

1965 S

4 January

1965

Morocco

1 Er December

1966

1 Er December

1967

Mauritius

2 December

1969 S

2 December

1969

Mauritania

3 April

1997

3 April

1998

Mexico

1 Er June

1959

1 Er June

1960

Moldova

10 March

1993

10 March

1994

Mongolia

15 March

2005

15 March

2006

Montenegro

3 June

2006 S

3 June

2006

Mozambique

6 June

1977

6 June

1978

Namibia

15 November

2000

15 November

2001

Nauru

September 5

1968 S

September 5

1968

Nepal

August 30

2007

August 30

2008

Nicaragua

October 31

1967

October 31

1968

Niger

23 March

1962

23 March

1963

Nigeria

17 October

1960 S

17 October

1960

Norway

April 14

1958

April 14

1959

New Zealand

14 June

1968

14 June

1969

Cook Islands

28 September

1973

28 September

1973

Niue

14 June

1968

14 June

1969

Tokelau

14 June

1968

14 June

1969

Oman

July 21

2005

July 21

2006

Uganda

4 June

1963 S

4 June

1963

Uzbekistan

15 December

1997

15 December

1998

Pakistan

February 15

1960

February 15

1961

Panama

May 16

1966

May 16

1967

Papua New Guinea

1 Er May

1976 S

1 Er May

1976

Paraguay

May 16

1968

May 16

1969

Netherlands

18 February

1959

18 February

1960

Aruba

1 Er January

1986

18 February

1960

Curaçao

18 February

1959

18 February

1960

Caribbean (Bonaire, Sint Eustatius and Saba)

18 February

1959

18 February

1960

Sint Maarten

18 February

1959

18 February

1960

Peru

6 December

1960

6 December

1961

Philippines

17 November

1960

17 November

1961

Poland

July 30

1958

July 30

1959

Portugal

23 November

1959

23 November

1960

Qatar

2 February

2007

2 February

2008

Central African Republic

9 June

1964

9 June

1965

Dominican Republic

23 June

1958

23 June

1959

Czech Republic

August 6

1996

August 6

1997

Romania

August 3

1998

August 3

1999

United Kingdom

December 30

1957

17 January

1959

Anguilla

August 20

1958

17 January

1959

Bermuda

10 June

1958

17 January

1959

Gibraltar

10 June

1958

17 January

1959

Guernsey

March 17

1959

March 17

1959

Isle of Man

March 17

1959

March 17

1959

Falkland Islands

July 8

1958

17 January

1959

British Virgin Islands

July 8

1958

17 January

1959

Jersey

March 17

1959

March 17

1959

Montserrat

10 June

1958

17 January

1959

St. Helena

10 June

1958

17 January

1959

Russia

July 2

1998

July 2

1999

Rwanda

18 September

1962 S

18 September

1962

Saint Lucia

14 May

1980 S

14 May

1980

Saint Kitts and Nevis

12 October

2000

12 October

2001

San Marino

1 Er February

1995

1 Er February

1996

Saint Vincent and the Grenadines

21 October

1998 S

May 31

1995

Solomon Islands

13 April

2012

13 April

2013

Samoa

30 June

2008

30 June

2009

Sao Tome and Principe

4 May

2005

4 May

2006

Senegal

28 July

1961

28 July

1962

Serbia

10 July

2003

10 July

2004

Seychelles

February 6

1978 S

February 6

1978

Sierra Leone

13 June

1961 S

13 June

1961

Slovakia

29 September

1997

29 September

1998

Slovenia

24 June

1997

24 June

1998

Somalia

18 November

1960 S

18 November

1960

Sudan

22 October

1970

22 October

1971

South Sudan

29 April

2012

29 April

2013

Sri Lanka

7 January

2003

7 January

2004

Sweden

2 June

1958

2 June

1959

Switzerland

18 July

1958

18 July

1959

Suriname

15 June

1976 S

15 June

1976

Swaziland

28 February

1979

28 February

1980

Syria

23 October

1958

23 October

1959

Tajikistan

23 September

1999

23 September

2000

Tanzania

22 June

1964 S

22 June

1964

Chad

8 June

1961

8 June

1962

Thailand

2 December

1969

2 December

1970

Togo

10 July

1999

10 July

2000

Trinidad and Tobago

24 May

1963 S

24 May

1963

Tunisia

12 January

1959

12 January

1960

Turkmenistan

15 May

1997

15 May

1998

Turkey

March 29

1961

March 29

1962

Ukraine

14 December

2000

14 December

2001

Uruguay

22 November

1968

22 November

1969

Vanuatu

August 28

2006

August 28

2007

Venezuela

16 November

1964

16 November

1965

Yemen D

April 14

1969 S

April 14

1969

Zambia

22 February

1965

22 February

1966

Zimbabwe

August 27

1998

August 27

1999

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the website of the International Labour Organisation: www.ilo.org/ilolex/french/convdisp1.htm or obtained in the Directorate of Public International Law (DDIP), Section of the International treaties, 3003 Berne.

A

From 25 November to 30 June 1997, the Convention was applicable in Hong Kong on the basis of a declaration of territorial extension of the United Kingdom. The 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the Convention is also applicable to the Hong Kong SAR from that 1 Er July 1997.

B

Applicable without modification.

C

From Oct. 4. 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of Dec. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.

D

22.05.1990: Unification of the Yemen Arab Republic and the People's Democratic Republic of Yemen in the Republic of Yemen.


RO 1958 507; FF 1958 I 571


1 RO 1958 505
2 RS 0.822.713.9
3 RS 0.311.37
4 RS 0.311.371
5 RS 0.120
6 RO 1973 1684, 1975 2502, 1982 840, 1985 290, 1992 673, 2005 1853, 2008 31, 2010 3991, 2013 967. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 21, 2013